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Sarah M. Sidis 1. [Unsigned and
Untitled
Will] 2. TRUST AGREEMENT AND POWER OF ATTORNEY, August 26, 1955
3. LAST WILL AND TESTAMENT,
Source: Helena Sidis, 1977 |
(See below for images of all pages.)
[Unsigned and Untitled Will, June 29, 1949]
STATE OF FLORIDA)
) SS:
COUNTY OF DADE )
I, SARAH M. SIDIS, 511 15th Street, Miami Beach, of the State of Florida, and the County of Dade, being of sound and disposing mind and memory do make this, my last will and testament, hereby revoking and annulling all others by me heretofore made.
1. I desire and direct that my body be buried in a matter befitting my circumstances in life.
2. I desire and direct that all my just debts be paid without unnecessary delay by my executors, hereinafter named and appointed.
3. I give and bequeath to my brother, Jack Mand, 159 South Vermont Avenue, Los Angeles, California, the sum of one thousand dollars ($1,000.00).
4. I give and bequeath to my cousin, Clara Langfelder, 4444 South West Florida Avenue, Miami, Florida, the sum of five hundred dollars ($500.00).
5. I give and bequeath to my sister-in-law, Mrs. Fannie Mandelbaum, c/o Mrs. Leaha Kunha, 1723 Forty-third Street, Brooklyn, New York, the sum of five-hundred dollars ($500.00).
6. I give and bequeath to my daughter, Helena Sidis, New London Junior College, 397 Pequot Avenue, New London, Connecticut, all my personal effects and all of my furniture, whether in my books and paintings, whether in my living quarters or in storage, that the said Helena Sidis chooses to accept. After my daughter, the said Helena Sidis, has made her choice of any and/or all of the furniture, books and paintings of which I die possessed the balance thereof shall become part of the residue of my estate.
7. I give, bequeath and devise all the rest and residue of my estate, real and personal, to the Miami Beach First National Bank, 1651 Alton Road, Miami Beach, Florida, and Charles Leibel, 3711 South West 26th Terrace, Miami Florida, upon trust however, to act as trustees, for the following uses and purposes:
(a.) The trustees shall manage and control said properties in their discretion. The trustees are expressly empowered and authorized to invest and reinvest the trust estate; to collect the income, rents, issues, profits and increases therefrom, and to sell upon any terms, gtve options to purchase, assign, lease, contract to lease, exchange, encumber, pledge and mortgage, and to alter and change the investments thereof from time to time in its discretion; to improve, manage, protect, subdivide and partition any real estate forming part of the real estate; to dedicate for public use and vacate any part thereof; to contract to sell, grant options to purchase, sell upon any terms and convey, mortgage or encumber. In addition to any powers the trustees may possess and not by way of limitation of such powers, said trustees are not limited to investment in securities
[Text of next two lines illegible: not _____ _____ benefit, ____, neither the principle or the _____ _____ _____ _____ ]
shall be subject to assignment, attachment or right of creditors of the Trusts are authorized by law to invest trust funds in but may invest the principle of said trust in such bonds, common stock and preferred stock as said deem are to the advantage to the estate and are good safe securities. PROVIDED, however any manuscripts, books or paintings which become part of the residue of my estate, shall not be sold but shall be turned over to the University of Miami, Incorporated, to become part of the "SIDIS INSTITUTE," hereinafter provided for.
Should the said Charles Leibel resign, decease, or become incapacitated to act as trustee before the termination of this trust, no other trustee need be appointed but I direct that the trust be administered by the sole remaining trustee, the Miami Beach First National Bank.
(b.) I desire and direct that out of the net direct income from said trust property shall be paid to my daughter, Helena Sidis, during her life, sixty dollars (60.00) each and every week, or an amount equal to ($60.00) per week, in periodic payments as the said Helena Sidis may direct. If the net income is insufficient to provide the amount above mentioned to be paid to the said Helena Sidis, then the trustees may encroach on the principle to such an extent and as often as may be necessary to provide funds for such purpose. The said trustees are authorized to pay to third persons for the use and benefit of the said Helena Sidis any of the monies heretofore or hereinafter set forth for her benefit, however, neither the principle or the income from this trust estate shall be subject to assignment, attachment or right of creditors of the said Helena Sidis.
The trustees are directed to pay the said Helena Sidis, over and above the sixty dollars ($60.00) per week for the balance of the said Helena Sidis’s life, in their discretion, monies actually necessary for medical or unforeseen emergency expenses.
Should my daughter, Helena Sidis, have living issue at her death then the terms of this trust relating to payments of sixty dollars ($60.00) shall continue to each living issue, payable share and share alike, for twenty-one (21) years following the death of said Helena Sidis, at which time this trust shall cease, terminate and come to an end and upon the termination of this trust I direct my trustees to release and convey the entire principle to the University of Miami, Incorporated, for the purposes hereinafter set forth.
(c.) Any balance remaining of the net income from the principle of this trust, after the payments above set forth to the said Helena Sidis, or to her living issue after the said Helena has deceased, I direct shall be paid annually to the University of Miami, Incorporated, in carrying out the purposes hereinafter set forth as the purposes of the “SIDIS INSTITUTE”, and administered in the manner hereinafter set forth; payment of any balance of the net income remaining to the said University shall be made at the beginning of each fiscal year of such University or as soon thereafter as practical.
(d.) Upon the death of my daughter, Helena Sidis, without issue, I direct that the trust hereby created shall cease, terminate and come to an end and, upon the termination of the trust I direct the said Miami Beach First National bank and Charles Liebel, as trustees, (or as executors in the case my daughter, Helena Sidis, shall predecease me without issue) to convey, transfer and relinquish the entire corpus of this trust to the University of Miami, Incorporated, the monies therefrom to be employed for the purpose of maintaining in and at such University a fund in the Department of Psychology that shall be known as the “SIDIS INSTITUTE”. The recognized policy of the “SIDIS INSTITUTE” shall be to follow the “Sidis” methods and methods growing out of such methods in education and training children and maladjusted adults. These methods shall be characterized as progressive. Expenditure of the monies of the “SIDIS INSTITUTE” shall be administered by a committee of three (3) members of the Department of Psychology and the President of said University, the said President acting as chairman of such committee.
8. I hereby constitute and appoint the Miami Beach First national bank, 1651 Alton Road, Miami Beach, and Charles Liebel, 3711 South West 26th Terrace, Miami, Florida, to act as executors of this my last will and testament. I hereby excuse the said Charles Liebel from giving bond as executor. I give unto my executors the same powers and authority, with reference to control, management and disposition of my estate that I have given unto them as trustees herein. I authorize them to make good and sufficient conveyances to any purchaser and to hold the proceeds of any sale to the same uses and trusts as hereinbefore declared in the several items of this, my will. Should the said Charles Liebel predecease me or at the time of my death be incapacitated to act as executor of this my will no other executor need be appointed but I direct that the Miami Beach First National bank be sole executor.
June 29, 1949 _____________________ (SEAL)
The foregoing instrument was signed, sealed, declared and published by Sarah M. Sidis as her last will and testament, in the presence of us, the undersigned, who, at her special instance and request, do attest as witnesses, after aid testatrix has signed her name thereto and in her presence, in the presence of each other.
June 29, 1949 ______________________
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Lucille Snowden
Attorney at Law
629 Seybold Building
Miami, Florida
TRUST AGREEMENT AND POWER
OF ATTORNEY
[Friday, August 26, 1955]
I, Sarah M. Sidis, having arrived at that point in my life when I feel that it will be to my best interests to have a representative to assist me in the practical affairs of living, do hereby appoint my friend and attorney, J. HARVEY ROBILLARD, of the City of Miami Beach, Florida, as my business representative and trustee to handle for me the matters hereinafter set forth:
1. To make a complete inventory of my property of whatsoever kind and nature.
2. To open end establish a trust account in the Miami Beach First national Bank for the handling of my financial affairs.
3. To receive and deposit dividends, rents, and other items of income.
4. To receive and pay all bills and accounts to which I may be obligated.
5. To pay all taxes and insurance on my property and see that same is properly maintained.
6. To pay to my daughter, Helen Sidis, such sums and at such times as may be agreed upon between us, commencing at the rate of $_______per month.
7. To pay to me such sums as I may request from time to time.
8. To keep accurate accounts of all monies received and paid out and to render statements thereof upon request.
9. To see that I am given the opportunity to live happily and safely in such a manner as I may desire and, generally, to do such things as may arise from time to time in my general best interests and welfare.
[page 2]
And in order to accomplish the above purposes, I hereby nominate, constitute and appoint the said J. HARVEY ROBILLARD as my attorney in fact with full power and authority to act and do all things necessary to accomplish the above described purposes as fully and to all intents and purposes as I might do myself.
__________________________(SEAL)
[Signed by] Sarah M. Sidis
Subscribed and sworn to by the said SARAH M. SIDIS, this 26th day of August, A.D., 1955.
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[Signed by] Notary Public
I hereby accept the above appointment as business representative, trustee and attorney in fact under the terms and conditions as above set forth.
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[Signed by] J. Harvey Robillard.
LAST WILL AND TESTAMENT
- of -
SARAH M. SIDIS, M. D.
[December 2, 1955]
I, SARAH M. SIDIS, of the County of Dade and State of Florida, being of sound and disposing mind and memory, and being mindful of the uncertainty of this life, do hereby declare this instrument to be my Last Will and Testament, hereby revoking all former wills and codicils to wills by me heretofore made.
FIRST: I hereby direct that all my just debts be paid as soon after my decease as shall be practicable.
SECOND: I hereby give, devise and bequeath, absolutely and forever, all of the rest and residue and remainder of my property, real, personal and mixed, and of every kind and description, including insurance policies payable to my estate, or myself, or over which I have any power of distribution, to the First National Bank at Miami Beach and DR. ELLIOTT SAGALL as Co-Trustees, to disburse the income derived therefrom to my beloved daughter, HELENA SIDIS, either monthly or weekly as she desires, providing that at least Twenty-five ($25.00) dollars weekly shall be disbursed to her even though it be necessary to go into the corpus of the trust to do so. In the event of illness of the said HELENA SIDIS, the Co-Trustees herein appointed shall at their discretion advance from the corpus of the trust such sums as may be necessary to defray the expenses of such illness.
THIRD: I do hereby nominate, constitute and appoint the First national bank at Miami Beach and my nephew, DR. ELLIOTT SAGALL of Boston, Massachusetts, as Co-Executors of this Last Will and Testament, to serve without the necessity of giving bond, conditioned upon the faithful performance of their duty.
FOURTH: I hereby authorize and empower my Co-Executors, if and whenefer in the settlement of my estate they shall deem it advisable, to sell at private or public sale, at such price as they shall think fit, the whole or any part of my real and personal estate, and to execute good and sufficient deed and other instruments necessary and proper to convey and transfer the same to the purchasers, who shall not be bound to see to the application of the purchase money.
IN WITNESS THEREOF, I have hereunto subscribed my name and affixed my seal, to this, my Last Will and Testament, at Miami Beach, Dade County, Florida, this 2nd day of December, A. D. 1955.
SARAH M. SIDIS, M.D.
Testatrix
The foregoing instrument, consisting of two (2) pages, was upon the date hereof signed, sealed, published and declared by SARAH M. SIDIS, M.D., to be her Last Will and Testament, in our presence, who, at her request, and in her presence, and in the presence of each other, have affixed our names and addresses as witnesses thereto, this 2nd day of December, A. D. 1955.
Names: Addresses:
[first name indecipherable] A. Dodge 16 S. W. First Avenue, Miami, Florida
Gustave [surname indecipherable]
Boulevard Hotel
Dade Boulevard & Meridian
Ave.
Miami Beach, Florida
LAW OFFICES
IRVING F. KALBACK
ATTORNEY AT LAW
16 S. W. FIRST AVENUE
MIAMI 36, FLORIDA
Wednesday, June 29, 1949
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Friday, August 26, 1955
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Friday, December 2, 1955
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